The former chief of the RNC wanted to open police discipline hearings to the public. What happened?
Report by former deputy chief asked government to amend legislation to increase transparency in policing
Police and Public Trust, a CBC News Atlantic investigative unit project, scrutinizes the largely off-limits police complaint and discipline systems across the region. Journalists are using access-to-information laws, and in some cases court challenges, to obtain discipline records and data.
During a rare public hearing in 2021 into the conduct of two members of the Royal Newfoundland Constabulary, the chief of the day made a recommendation: internal disciplinary hearings for police officers should be open to the public.
Now-retired chief Joe Boland told the adjudicator the public should be aware of the provincial police force's internal disciplinary proceedings which unfold behind closed doors.
"The chief's main area about which he seeks recommendations from me, is in relation to the need for public transparency and openness respecting RNC internal disciplinary proceedings before disciplinary panels," wrote adjudicator Andrew Wadden, who presided over the hearing for the two constables.
"The chief takes the position that it is in the public interest and in the interest of the RNC as a police service that RNC disciplinary proceedings (a separate forum from this one) conducted under the regulations be made open to the public."
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That same year, then deputy chief Ed Oates issued the results of a police investigation into a public complaint from Andrew Abbass, a man who was unlawfully arrested and detained by police under the Mental Health Care and Treatment Act in 2015.
As part of his recommendations — which only became public after being posted on social media by Abbass — Oates said the provincial government should amend legislation to require that "RNC internal disciplinary matters form part of the public record in the interests of full transparency and increasing public confidence."
Now, two years later, there has been no apparent movement to open up the process to the public. The province's justice minister refuses to do interviews and won't talk about the comments made by Oates or Boland.
The Justice Department issued a general statement that said it is always reviewing policies to ensure they are effective
CBC News has asked for clarification on when the RNC Act was last reviewed and if any discussions have taken place to address concerns over the public's access to police discipline information.
The Royal Newfoundland Constabulary refused to comment on its current stance on providing further transparency to hearings.
"A submission requesting open court principle being applied to internal matters remains within an ongoing public complaint process which is before an adjudicator," said RNC Const. James Cadigan.
Erosion of public trust
Erin Breen was the lawyer who represented the Ball family of Paradise. They launched a complaint that eventually culminated in an open hearing — and sparked comments from the chief on transparency and public trust.
"This is a movement right across Canada and the U.S. actually now to say, look, trust has been broken and in order to try and attempt to rebuild trust, this is what has to happen. There has to be transparency," said Breen.
"Right now everything is done very secretively, not just the disciplinary process but also basic policies that police forces are using."
Breen agreed with the chief at the time that disciplinary proceedings should be opened to the public.
The adjudicator did not make any ruling or recommendation on opening up the police complaints process.
"I think the public [is] in the dark. The whole process, like I said, is behind closed doors and no one really has access to it at all. So how can we know, how can we trust ?"
Breen said she has seen an erosion of trust in policing across the province during her two decades as a defence lawyer, and she hears frequent complaints about police conduct from her clients.
"You have to basically say to the person, is it worth their while to start engaging in these complaint processes? There are hurdles, it takes a long time and then you have to say, 'Well, it's going to be your word against the police,'" said Breen.
"Do you want to take that on? A lot of people just say, 'No, I just need a defence on my criminal charge,' and you kind of deal with it in that way."
In Newfoundland and Labrador, the only way for a member of the public to find out about the conduct of a police officer is if the person has been criminally charged or a public complaint makes it to an open hearing. There have been just three public hearings in the province in a decade.
Through access-to-information legislation and an appeal to the privacy commissioner, CBC News obtained a ledger of hundreds of internal, public and criminal complaints against members of the Royal Newfoundland Constabulary. It marks the first time the information has been made available to the public.
Many of the complaints appear to have been withdrawn or dismissed. In other cases officers faced discipline ranging from a written reprimand to unpaid suspensions.
How to balance privacy with the public's right to know
Adrienne Peters, a criminologist and associate professor at Memorial University, says she has faced roadblocks in gathering data and doing research to better understand issues in policing.
Her foray into the world of policing began when she was working toward her PhD in British Columbia and was hired by the RCMP to conduct research. She said there was a united philosophy between police, government and local universities that collecting and interpreting data was beneficial.
She said she felt a perceptible shift in willingness from police to engage in research when she moved back to Newfoundland and Labrador in 2015 to work at Memorial University with RNC cadets.
Every day, officers are assessed for compliance with RNC policy and procedure and the RNC Act. Whether it's wearing appropriate equipment at a collision scene, interactions within the community, or maintaining timelines for investigation of reports, these are all valuable matters of conduct while operating a police service.- RNC Const. James Cadigan
"[There was] a lot of hesitation and or simply questioning around what was the intention of the research or the goals, and how it was being conducted. So it's been very challenging here," said Peters.
"I would say people seem very open to the idea and talking about the idea or potential of doing something and learning more. But they're less inclined to be able to then take the next steps to actually commence a study."
Peters says there are other ways the police can enhance accountability and transparency without disclosing a list of officer misconduct — something that is the current practice in Ontario, and mirrors how many other professions handle disciplinary hearings.
"To me, it's a systemic culture of fear and control is what we're talking about. And until we can try to remove some of that from these environments and cultures, we're going to be stuck, I think, grappling with what is the reality?" said Peters.
"What are the actual numbers and what do these even mean to then try to get some understanding for them? How to move forward to understand an issue or a challenge or a problem or an obstacle, whatever it might be, you have to thoroughly research and understand it."
RNC Chief Patrick Roche refused to do an interview.
However, in an email Cadigan said the RNC professional standard division — which handles investigations of police officers — is tasked with identifying trends or areas that require a change in policy or training.
"With approximately 500,000 public interactions each year as a police service, the RNC consistently promotes officers' conduct and professionalism," said Cadigan.
"Cases of misconduct reported by the public, both to the RNC or the PCC, are taken very seriously and investigated thoroughly."
In addition to the public complaints commission and the serious-incident response team, Cadigan said supervising officers "are tasked with officer reviews, file audits, and other practices associated with performance and conduct accountability.
"Every day, officers are assessed for compliance with RNC policy and procedure and the RNC Act. Whether it's wearing appropriate equipment at a collision scene, interactions within the community, or maintaining timelines for investigation of reports, these are all valuable matters of conduct while operating a police service."
Renewed calls for further police oversight
Meanwhile, First Voice is renewing its call for independent police oversight in the wake of the CBC's investigation into the disciplinary process.
"In the months following the release of our 26 recommendations to strengthen police oversight in Newfoundland and Labrador, First Voice has met several times with officials at the Department of Justice and Public Safety, including Minister [John] Hogan," wrote the urban Indigenous organization.
"We regret that these conversations have not resulted in any commitments on the part of the provincial government, or even any counterproposals or agreed-upon next steps."
Hogan also refused to do an interview on the topic of police oversight. In a statement, Hogan said no decision has been made on First Voice's proposal.
He pointed to money in this year's budget to create a "new departmental 10-member policing and crime prevention team." The team will be responsible to research, review and develop legislation and work with Indigenous communities.
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